Posts Tagged ‘New Jersey DWI’
Refusing to Provide a Sample for a Breathalyzer will Result in a Conviction if the Defendant Cannot Show Circumstances of the Refusal
State v. Harris Appellate Docket No.: A-5499-18T1 Decided October 26, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a Law Division appeal of a conviction of a refusal to take a DUI breathalyzer because defendant had a brain tumor. In State v. Harris,…
Read MoreBe Careful When Challenging Alcotest Test Results | New Jersey DWI
State v. Meyer Appellate Docket No.: A-3138-18T1 Decided September 18, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether a DWI conviction was properly administered in municipal court. In State v. Meyer, defendant was involved in a three-car accident in Lacey Township that resulted in…
Read MoreYou do not need to be in your car to be convicted of a DWI in New Jersey
State v. John Thompson New Jersey Appellate Division (Approved for Publication February 10, 20200 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Fact: In appealing his convictions for operating a vehicle while under the N.J.S.A. 39:4-50.2, defendant argues that the evidence does not support the statutory requirement of “operat[ing]” the vehicle when the record reveals…
Read MoreIntent to Drive and New Jersey DWI Law
State Of New Jersey v. Donna Ebert Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a brief summary of a case that occurred in 2002. The question of this case is the intent to drive by the defendant. If you have been charged with a DUI but you were not driving or you…
Read MoreWhen can the police approach my car? What is the Community Care taking function? If I was parked how can I be charged with a DWI?
Issue: In this case the police approached a car for no reason which the officer observed pull into a parking lot of a closed store late at night after hours. Are they allowed to do that and walk up to the driver and start to ask questions? Have the driver been arrested at that time?…
Read MoreCan prior DWI convictions be introduced at trial to prove ‘reckless conduct”?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: What evidence is too prejudicial to introduce to a jury? Remember all evidence is prejudicial to a defendant! The state will attempt to introduce all of it because that evidence will aid the jury to convict a defendant. The ultimate question will be whether the trial…
Read MoreAll NJ DWI Cases Found Guilty Using the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown out
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. NEW JERSEY SUPREME COURT DECISION The New Jersey Supreme Court has ordered all NJ DWI cases in which a defendant was found guilty or plead guilty as a result of the introduction of the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown…
Read MoreYour right to a speedy trial under New Jersey’s speedy trial case law.
I have been charged with a DWI and the question is how fast is the state required to provide discovery and or present the case to the municipal court judge for trial? Submitted by New Jersey DWI Lawyer, Jeffrey Hark The New Jersey appellate division reached this decision in October 12, 2018 case of State…
Read MoreSTATE V. OGDEN DECISION SEPTEMBER 9, 2018 DWI FOUNDATIONAL DOCUMENT APPEAL ARGUMENT
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this DWI appeal the defendant attempted to argue that the state’s failure to introduce the State Trooper’s Alcotest operating card at the time of trial was a violation of the NJ Supreme Court mandate of State v. Chun and as a result of state’s failure to comply with…
Read MoreRestrictive Licenses… are they coming to NJ?
Answer: NO…. Not Yet! Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State Spotlight: Iowa becomes the 32nd All Offender State In March, 2018 Governor Reynolds signed HB 2338 into law. This Bill requires an ignition interlock device be installed on all motor vehicles operated by a person with a restricted or temporary license.The Bill…
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